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Wisconsin Attorneys' Professional Discipline Compendium
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2023-09 Disciplinary Proceedings Against Steven D. Johnson
2023-09
Disciplinary Proceedings Against Steven D. Johnson
On November 2, 2023, the Supreme Court of Wisconsin issued an order suspending the law license of Steven D. Johnson for six months, effective December 7, 2023. The Court further ordered Johnson to pay the costs of the proceedings, which totaled $33,001.74. Disciplinary Proceedings Against Johnson, 2023 WI 73.
Johnson committed five counts of misconduct. The first is a violation of SCR 40.15 for failing to refrain from all offensive personality. Johnson repeatedly used demeaning terms when addressing his staff, who were all nonlawyers, including “bitches” and “whores”; yelled at staff, sometimes for extended periods of time; occasionally hit a counter or wall when upset; on one occasion uttered a racial slur that was overheard by staff; and yelled at three staff members, “I hope you and all your fucking children die,” causing one staff member to quit immediately because she had a child with cancer. The second count is a violation of SCR 20:5.3(a) and (b) for failing to adequately supervise and train his nonlawyer staff. With his permission but without his participation, Johnson allowed his staff to, among other things, draft motions and other documents, affix Johnson’s signature to the documents, and file them with the court; negotiate plea deals with prosecutors using Johnson’s email; prepare witnesses for trial; and draft demand letters. The third count is a violation of SCR 20:3.3(a)(1) for failing to disclose while testifying in a small claims matter in which he was the plaintiff that he had been reimbursed by his insurance company for the loss he had incurred. The fourth count is a violation of SCR 20:1.4(b) for failing to discuss a waiver of preliminary examination form with his client prior to having his client sign it. The fifth count is a second violation of SCR 20:3.3(a)(1) for filing the with the court a waiver of preliminary examination form, on which he falsely attested that he had discussed the waiver form with his client.
In determining the appropriate level of sanction, the Court noted that Johnson’s pervasive verbal abuse of his staff alone warranted a “not-inconsequential suspension.” The Court also noted that in failing to supervise them, he essentially “demanded or encouraged” his nonlawyer staff to engage in the practice of law. The Court also considered his failure to explain “anything at all” about the waiver of the preliminary hearing to his client and his lack of candor to a tribunal as both a litigant and a lawyer. Additionally, the Court considered the referee’s determination that Johnson was untruthful during his disciplinary hearing, had a questionable ability to acknowledge his misconduct, and had prior discipline. In 2008, Johnson received a private reprimand after being convicted of one count of misdemeanor battery as domestic abuse incident. In 2010, he was publicly reprimanded for being convicted of one felony count of child abuse (recklessly causing harm) for an incident involving his 12-year old son.
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